A free press is not an optional extra in a democracy.”15 The freedom of speech and expression is regarded as the first condition of liberty.17 The Preamble of the Constitution of India itself secures, to the people, the liberty of thought, expression, belief, faith and worship. Free speech is one of the most coveted fundamental rights in the world. In India, the freedom of speech and expression is protected under Article 19(1)(a) of the Constitution of India. This is part of the basic fundamental rights. Though the Indian Constitution does not use the expression “freedom of press” in Article 19, but it has been included in one of the guarantees in Article 19(1) (a).
Let’s begin from the meaning of freedom of speech. Freedom of speech is a human right to freely express their thoughts. Nowadays includes freedom of expression, both orally and in writing (freedom of the press and the media) to a lesser extent relates to political and social advertising (promotion). This right is mentioned in several international instruments, including "The Universal Declaration of Human Rights"(article № 19), "European Convention on Human Rights” (article № 10). Freedom of speech is sometimes in conflict with the rights and freedoms with right other persons.
Speech is a fundamental right and should be protected. “Think about it. It’s always easier to defend someone’s right to say something with which you agree. But in a free society, you also have a duty to defend speech to which you may strongly object”(mighty constitutional opposites). that is what separates the united states from a fascist country in that they protect all forms of speech.
"The main way our Constitution operates is to protect the basic liberties of the American people by keeping powers, such as the government, in check. Freedom of speech is renowned as an ultimate western ideal along with its counterpart, Freedom of the Press. In Lovell v. City of Griffin (1938), Chief Justice Charles Evans Hughes defined the press as ""every sort of publication which affords a vehicle of information and opinion."" This right has been extended to newspapers, books, plays, movies, and video games. In Branzburg v. Hayes (1972), Freedom of the press was further defined as ""a fundamental personal right"", not confined to newspapers and periodicals.
Free speech rights under the First Amendment of the Constitution are the bedrock of our democracy. Any democratic society must place freedom of speech as the cornerstone of all civil liberties. Freedom of speech rights afford citizens the ability to voice their concerns without repercussions from an oppressive government. On the one hand, this sentiment led the founding fathers of this great nation to establish the right to freely criticize the government, should that government become tyrannical. On the other hand, the same civil liberties that allow citizens to freely express their concerns against the government, are the same rights that allow them to express themselves through hateful messages against some sections of the population.
However, it is very important to include this in a constitution provision to guarantee freedom of religion. Some religious beliefs prohibit people from being part of the military or receiving blood transfusion. This forms a component of a person’s religion or belief which should be protected. Finally, the Indian constitution illustrates the entitlement of institutions established for religious purposes. This gives religious institutions the right to establish and maintain institutions, manage its affair, own and administer its own property.
The right to freedom of speech and expression is guaranteed under Article 19(1) (a) of the Indian Constitution. Restrictions on the exercise of this right are found in Article 19(2) that can be enforced by the State and are in the interests of sovereignty and integrity of the state, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense. When conflict between the right to freedom of expression and the right to privacy comes in consideration, traditionally there has always been a question about the relative weight of privacy and expression. One of the significant features of a democracy is that it values a person 's right to express opinions even when it is in conflict with another 's right to privacy. At the same time, restrictions like national security or public interest can detract from both expression and privacy.
The most important amendment in the Bill of Rights calls for the freedom of speech and free exercise which develops the liberty established in the country. Apart from the first amendment, the thirteenth amendment changed the image of liberty forever as it states “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (US Const. amend. XIII, sec. 1).
Freedom of Speech and Religion Why is Freedom of Speech and Religion so important in order to speak freely and practice any religion beliefs? There has always been a controversy with the First Amendment and how are we protected, as well as what it protects.The Freedom of Speech is the right for us to express any opinions without restrainment. Freedom of Religion is the right to practice any religion we choose. It is a right for many in America and around the world to know. In 1791, the US Constitution’s First Amendment was adopted and made sure Congress couldn’t pass any laws against religion.
Hence, freedom of speech is not an absolute right in Singapore. For example, Ang (2007) stated that Singapore Constitution gives the right to freedom of speech and expression in Article 14. However, it’s subject to limitations. First of all, it promises freedom of speech and expression only to Singapore citizens. Secondly, it provides only the right to deliver expression, not the right to accept expression of any kind.